Victorian Numbered Acts Victorian Numbered ActsFor sections 41 and 41AA of the Principal Act substitute —
(1) The holder of a licence who—
(a) proposes to vary an approved work plan; or
(b) is directed by the Department Head under section 41AA to lodge an application for approval of a variation of a work plan—
must lodge an application for approval of the variation with the Department Head.
(2) An application for approval of a variation must contain the prescribed information.
(3) A proposed specified variation that is the subject of an application must be statutorily endorsed.
(4) In the case of a mining licence, if any part of the land relating to the proposed variation of the work plan is Crown land, the Department Head must without delay lodge a copy of the application with the Crown land Minister.
(5) Subsection (4) does not apply if the only work set out in the work plan that is proposed to be done on the Crown land is exploration work.
(6) Within 28 days after the application is lodged with the Crown land Minister under subsection (4), or any longer period allowed by the Minister, the Crown land Minister—
(a) must give comments to the Minister on the rehabilitation plan included in the work plan if affected by the proposed variation; and
(b) may recommend changes to be made to the proposed variation before it is approved or conditions to which an approval should be made subject.
(1) The Department Head may, on his or her own initiative, determine that an approved work plan be varied.
(2) On making a determination, the Department Head must give the licensee written notice of the proposed variation, and the reasons for it, and give the licensee an opportunity to comment on the proposal.
(3) After considering any comments made by the licensee, the Department Head may direct the licensee to lodge an application for approval of the variation.
(1) On application by a licensee under section 41(1) or 41AE for approval of the variation of a work plan, the Department Head must—
(a) approve the variation with or without conditions; or
(b) require the changes specified in a notice to the licensee to be made before the variation will be approved; or
(c) refuse to approve the variation.
(2) The Department Head must approve, require changes, or refuse to approve a variation under subsection (1), within 28 days after the last of any of the following events that are applicable occurs—
(a) the licensee notifying the Department Head that all required planning approvals have been granted;
(b) the Minister administering the Environment Effects Act 1978 submitting an assessment to the Minister under section 42(7) or section 42A;
(c) the granting or refusal of any application under section 26B relating to the licence;
(d) the Minister notifying the Department Head that he or she has considered any comments received under section 41A(2);
(e) the Crown land Minister giving the Minister comments under section 41(6) ;
(f) the lodging of the application for approval.
(3) Once the Department Head has decided to approve a variation, the approved work plan for the licence is the work plan as amended by that variation.
(4) If the Minister administering the Environment Effects Act 1978 submits an assessment under section 42(7) or 42A, the Department Head must give a copy of the proposed variation to that Minister at least 10 days before approving the variation.
(5) The Department Head must—
(a) notify the licensee of his or her decision on the application; and
(b) give the licensee a statement of reasons for the decision.".